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View Full Version : New person saying Hi and advise please



leno289
14-12-2011, 14:30 PM
Hello everyone and can i say thanks for such a well informed site.

Now can anyone help with some advise.
With the high winds of the last few days the tv aerial (which the landlord had installed just prior to me moving into property) has literally been ripped away from the wall, this has caused bricks and debris to fall to floor as well as leave bricks hanging out of the wall. The aerial itself has landed above daughters bedroom perched literally against the guttering which seems to be all that is holding it there. My concern is that a) should this fall as my daughter leaves the back door it will hit her b)if it falls it also runs chance of smashing into either back door or kitchen window and ovb cause more damage. I contacted the landlord as soon as this happened yesterday morning - had text message back saying they trying to contact handy man and they would get back to me.
Heard nothing until this morning when she says that her building insurance co are sending someone to sort the brickwork out next Tuesday and is there anyway that i can secure the aerial in its current position. She then went on to say it is my responsibility to sort the aerial. I explained that it would take someone with a ladder to get up and remove the aerial as well as to be honest someone who knows what they are doing. There is no need for this aerial to be put back up as I assume we are receiving sky etc through existing dish that has not been affected
someone advise on this please

mind the gap
14-12-2011, 17:30 PM
What does your tenancy agreement have to say about the responsibility for the maintenance of TV aerials?

I would however have thought that her buildings insurance should cover the removal of the aerial if it is the cause of the damage.

And as a LL, I wouldn't dream of asking my tenants to sort this themselves.

Snorkerz
14-12-2011, 20:58 PM
What does your tenancy agreement have to say about the responsibility for the maintenance of TV aerials?

I would however have thought that her buildings insurance should cover the removal of the aerial if it is the cause of the damage.

And as a LL, I wouldn't dream of asking my tenants to sort this themselves.I totally agree with MTG and would ask your landlord how it can be your responsibility - does she think you do have a ladder and got up there to cause the damage?

mind the gap
14-12-2011, 22:27 PM
I suppose some TAs do make the T responsible for the maintenance and repair of TV aerials, but any LL who expects their Ts to climb up on the roof to remove a damaged aerial before it falls off and injures someone must be insane. If T did just that and fell off the ladder...who ends up in court?

Mad, mad, mad.

LesleyAnne
14-12-2011, 23:30 PM
I appreciate the gales this week have been a little exceptional in places, but how long ago was this aerial installed? I would assume that a professional installer would give some form of warranty for their work, so if the aerial has only been up there a few months, then LL should contact them in the first instance. They would no doubt have insurance to cover such damage if their workmanship is at fault here.

mariner
15-12-2011, 02:32 AM
IMO T has duty to protect self & third parties from immediate hazards eg unsecured aerial by removing hazard (T like manner). Aerial was recently erected at LL expense so reasonable to assume LL liability. Suggest erector would have some clause denying liability in adverse weather.

mind the gap
15-12-2011, 08:15 AM
Aerial was recently erected at LL expense so reasonable to assume LL liability.

Exactly. This should extend to removal of debris. LL's problem, although if T is anxious about danger he could (with LL's agreement) get it removed at LL's expense.

It does however sound like 'act of God' (weather) in which case if LL is properly insured, it should be covered. According to my LL policy (with Endsleigh), it would be.

Darth Wookie
15-12-2011, 09:13 AM
The LL may not have to contractually provide an aerial, however the real question here is the safety of the fabric of the building. The LL has an immediate duty of care to ensure the building is in one piece. If you have installed the aerial yourself, you may be ultimately responsible for any damage caused, however the LL is responsible for fixing the the damage to the bricks and mortar, letting the insurance companies fight it out afterwards.

x_Carly_x
15-12-2011, 10:28 AM
Having previous worked in domestic insurance, for both private owners and landlord properties, your LL's insurance company should adhere to the strict SLA (Service Level Agreements) that all major insurance companies work to. Therefore, before any works are carried out, a surveyor will have to attend the property to determine whether the damage is indeed caused by the high winds, wear and tear, or faulty workmanship. This surveyor SHOULD attend within a 48 hour SLA from reporting the incident, unless LL or T or unable to make the appointment. However, reporting an incident as 'dangerous' i.e. this arial could fall and hurt someone! Should mean that a surveyor attends the same day, if not am the following day of reporting the incident. If your LL has suggested someone is coming out next week, they will more than likely be attending to carry out a survey, rather than any repair works, and after the survey appointment, you will be looking to 1-2 weeks before works are authorised, and on authorisation of works, the appointed contractor does not have to give you a start date for works until 10 working days after authorisation. Insurance Companies like to delay things as much as possible, delaying the works means delaying payment to contractors or LL's. I suggest you contact your LL and ask LL to advise insurance company the situation is dangerous. They should then appoint a local contractor to come and make a temporary repair to secure the property, and should hopefully carry out the survey at this stage.